Which Method Is for You? Not All Surveys Are Made the Same
Law Journal Newsletters: The Intellectual Property Strategist, September 2020
In the third and final article in a series for Law Journal Newsletters: The Intellectual Property Strategist about the use of surveys in litigation matters, three Analysis Group consultants explain why choosing the right survey methodology for a particular litigation matter can help the survey’s admissibility. In “Which Method Is for You? Not All Surveys Are Made the Same,” published, Vice President Laura O’Laughlin, Senior Research Professional Harriet Ho, and Senior Analyst Duy (Joey) Duong review a variety of litigation types (consumer confusion, genericness, secondary meaning, conjoint analysis) and analyze which survey formats have a better fit with the issues to be evaluated in court.
As with previous articles in the series, the authors draw on their review of over 300 cases involving survey evidence, including over 150 cases involving Daubert challenges. These rulings, the authors write, “provide insight into factors that courts may consider when determining whether to admit surveys and how much weight to afford them.”
Read the first article in the series
Read the second article in the series
Authors
O’Laughlin L, Ho H, Duong D